Explanatory Memorandum to COM(2021)313 - Amendment of Regulation 2019/216 as regards Union tariff rate quota for high quality beef from Paraguay

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dossier COM(2021)313 - Amendment of Regulation 2019/216 as regards Union tariff rate quota for high quality beef from Paraguay.
source COM(2021)313 EN
date 18-06-2021


1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

On 29 March 2017, the Government of the United Kingdom (UK) notified the European Council of the UK’s intention to withdraw from the European Union (EU). Since 1 February 2020, the United Kingdom has become a “third country”. Since 1 January 2021, after the end of the transition period, the European Union’s common commercial policy does no longer apply to the United Kingdom.

UK’s decision to withdraw from the EU has created the need to “apportion” the quantitative commitments contained in the EU-28 WTO schedule for the 143 EU agricultural, fish and industrial WTO tariff rate quotas (TRQs). The EU initiated this process in Geneva in October 2018. The basis of this approach has been to fully maintain the existing volume of each TRQ in the future, but split across two separate customs territories: the EU-27 and the UK.

Paraguay has a tariff rate quota of 1 000 tonnes for high quality bovine meat (order number 094455), which is not included in the EU’s WTO schedule. This TRQ was erroneously included in the apportionment exercise and thus reduced to 711 tonnes on the EU-27 side without any corresponding volume being opened on the UK side.

This means Paraguay’s market access has been reduced from 1 000 tonnes to 711 tonnes with application as of 1 January 2021.

This amending Regulation aims at restoring the correct EU-27 volume (1 000 tonnes) for the TRQ 094455.


• Consistency with existing policy provisions in the policy area

This initiative is in line with the EUs ongoing actions to ensure that the consequences of the withdrawal of the UK from the EU are dealt with in an orderly manner.

• Consistency with other Union policies

As above.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

Article 207(2) of the Treaty on the Functioning of the European Union (TFEU).

• Subsidiarity (for non-exclusive competence)

The common commercial policy is an exclusive competence of the Union.

• Proportionality

The envisaged measure is the only way of ensuring the desired result.

• Choice of the instrument

The original provision was laid down by a Regulation of the European Parliament and of the Council. Another Regulation of the European Parliament and of the Council is then needed to amend it.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

Not applicable.

• Stakeholder consultations

Not applicable.

• Collection and use of expertise

Not applicable.

• Impact assessment

Not applicable.

• Regulatory fitness and simplification

Not applicable.

• Fundamental rights

The proposal has no impact on fundamental rights.

4. BUDGETARY IMPLICATIONS

Not applicable.

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

Not applicable.

• Explanatory documents (for directives)

Not applicable.

• Detailed explanation of the specific provisions of the proposal

Article 1 amends Regulation (EU) 2019/216 of the European Parliament and of the Council to prevent tariff rate quota with order number 094455 from being apportioned.

Article 2 provides for the entry into force of the Regulation, seven days after its publication in the Official Journal of the European Union.